GENERAL INTRODUCTION

“When the knot is too tight, its wise will untie it” This proverb suggest that when a marriage becomes too difficult or unbearable, it may be wise to end it, rather than trying to hold on to something that is no longer working.

Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage.[1]

Divorce laws vary considerably around the world, but in most countries, divorce is a legal process that requires the sanction of a court or other authority, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation  access, parenting time, child support, and division of debt.[2] In most countries, monogamy is required by law, so divorce allows each former partner to marry another person.[3]In Cameroon, when a woman’s marriage dissolves, she often faces significant challenges due to the complex interplay of customary law, legal frameworks, and societal norms, which can leave her vulnerable to economic hardship, social stigma, and limited access to property, particularly if she lacks formal documentation of her marital contributions, potentially leaving her with few options and a precarious situation within her community.[4]

 The dissolution of marriage, also known as divorce or separation , occurs when the bond of matrimony between a married couple is dissolved or a couple living apart from each other but are still married until they get a court judgment or the loss of one’s partner in death However, other studies defined marital dissolution as divorce and separation.

For this study, marital dissolution means divorce and separation. Globally, the divorce rate more than doubled between 1970 and 2008 from 2.6 divorces to 5.5 for every 1,000 married persons. In the developed world, 20% to 30% of European marriages dissolve within 15 years compared to 42% in the United States. Estimates for 33 countries in sub-Saharan Africa (SSA) showed that 25% of marriages ended in a divorce between 15-19 years after the commencement of the first union.[5]The 2018 Cameroon Demographic and Health Survey – Multiple Indicator Cluster Surveys (CDHS-MICS) established that 6% of Cameroonian women were divorced or separated. Studies show that marital dissolution is associated with age, ages difference, age at marriage, level of education, place of residence, number of children, wealth quintile, religion, region, and Intimate partner violence (physical, sexual and emotional) Education is a fundamental step towards promoting equal participation of women in society Moreover, education empowers women to acquire knowledge, skills, and self-confidence. It enables them to take advantage of health and economic opportunities, raises their standard of living, and thus enabling them to participate fully in development processes. The risk of marital dissolution is lower among women with a college degree in developed countries

However, among women in developing countries, the higher their education attainment, the higher their chances of divorce Another determinant of marital dissolution is the age at first marriage. Women who marry while still in their teens were twice more likely to divorce compared to women in their thirties.[6]

However, another study done in 19 countries in SSA indicated that the majority of women who had experienced marital dissolution were those who married late.Women’s place of residence has been associated with marital dissolution. For instance, women living in urban areas are more likely to experience marital dissolution than those in rural settings

Religion and culture influence marital dissolution. India’s low rate of divorce (1%) , is attributed to their culture and religion which promotes monogamy The lowest divorce rates are often found in countries with large Catholic populations, such as Chile, Colombia, and Ireland, as well as Muslim countries like Libya, Uzbekistan, and Bahrain It is believed that cultural influence is still strong in sub-Saharan Africa. Children ever born (CEB) have been associated with marital dissolution.[7]Women who had children were more likely to stay in unions compared to those who did not Voluntary and involuntary childlessness has been associated with divorce. Intimate partner violence presents a special case in the literature on marital dissolution. For women experiencing IPV, the end of the union may represent a positive development for the victim. However, women who end abusive unions often experience distressing, conflict-ridden interactions with their ex-partners, especially if involved in shared parenting.[8] Even in the absence of children, the initial period post dissolution is both physically and psychologically dangerous for the victim. Researchers found that more than a third of women who became separated from their abuser experienced continued physical abuse after separation.[9]

Despite available evidence on marital dissolution in Cameroon, there is a dearth of information on factors associated with marital dissolution among ever-married women in Cameroon. Marital dissolution has serious consequences for the partners and members of the family, especially the children. It has psychological, social, and economic implications on men and women as marital partners.[10] Dissolution results in economic disadvantage among couples, with women experiencing a steeper decline than men.

The standard of living of women decreases by 27% while men may experience a 10% increase (Peterson, 1996). The effect of divorce on children is associated with academic difficulties and disruptive behaviors such as theft, disrespect, violent behavior, drug, and alcohol abuse. Such children have higher rates of depressed mood, lower self-esteem, and emotional. The study (did in Cameroon was based on systematic reviews on marital (union) dissolution in SSA. However, a country-level analysis of factors associated with marital dissolution has not been done. Therefore, this study aimed at assessing the factors associated with marital dissolution among ever-married women in Cameroon. Correlates of Marital Dissolution among Ever-married .

 WHAT IS THE LEGAL REGIME OF DIVORCE IN CAMEROON?

Cameroon’s divorce laws are a complex mix of statutory, customary, and international laws, leading to controversies and inconsistencies. The country’s Constitution, as amended in 2008, guarantees the right to marriage and family, but does not provide clear guidelines on divorce. Studies have shown that Cameroon’s laws and policies on divorce are often discriminatory against women, particularly in customary law, which is recognized by the Constitution. Customary law often requires women to obtain the consent of their husbands or family members to initiate divorce proceedings, which can be difficult or impossible to obtain.

“The Constitution of Cameroon’s approach to divorce is characterized by a lack of clear guidelines, inadequate protection of women’s rights, and a disregard for international human rights standards, thereby creating a constitutional controversy that undermines the principles of equality and justice.”

This hypothesis will be tested using a theoretical framework that combines elements of constitutional law, human rights law, and feminist theory. The framework will examine the Constitution of Cameroon, laws, policies, and court decisions related to divorce, as well as international human rights standards and best practices in divorce law.

Here are some potential theoretical interests related to divorce in Cameroon:

Theoretical Interest:[11]

Sociological and Anthropological Perspectives:

Family Structure and Dynamics: How do traditional family structures and dynamics influence divorce rates and experiences in Cameroon

Cultural and Social Norms: What role do cultural and social norms play in shaping attitudes towards divorce and marital dissolution in Cameroon

Gender Roles and Expectations: How do traditional gender roles and expectations influence divorce outcomes and experiences for men and women in Cameroon.

Legal and Policy Perspectives:

Divorce Laws and Procedures: How do Cameroon’s divorce laws and procedures impact the divorce process and outcomes for couples

Human Rights and Gender Equality: What are the implications of international human rights law and gender equality principles for divorce law and practice in Cameroon

Access to Justice and Dispute Resolution: How do Cameroon’s justice system and dispute resolution mechanisms impact access to justice and divorce outcomes for couples.

Psychological and Emotional Perspectives:

Marital Satisfaction and Dissolution: What are the psychological and emotional factors that contribute to marital dissolution and divorce in Cameroon

Coping Mechanisms and Support Systems: How do individuals in Cameroon cope with the emotional and psychological challenges of divorce, and what support systems are available to them

Children’s Well-being and Adjustment: What are the short-term and long-term effects of divorce on children’s well-being and adjustment in Cameroon.

Economic and Development Perspectives:

Economic Empowerment and Independence: How does divorce impact women’s economic empowerment and independence in Cameroon

Poverty and Livelihoods: What are the economic consequences of divorce for individuals and families in Cameroon, particularly in terms of poverty and livelihoods

Development and Social Change: How does divorce reflect and shape broader social and economic changes in Cameroon, including urbanization, modernization, and globalization.[12]

Here are some potential theoretical and practical interests related to divorce in Cameroon:

Practical Interest:[13]

Improving Access to Justice: Understanding divorce practices in Cameroon can inform strategies for improving access to justice, particularly for marginalized groups.

Supporting Women’s Empowerment: Research on divorce can highlight the challenges faced by women and inform initiatives aimed at promoting women’s economic empowerment and independence.

Developing Effective Dispute Resolution Mechanisms: Studying divorce in Cameroon can provide insights into effective dispute resolution mechanisms, reducing conflict and promoting more amicable separations.

Informing Policy and Law Reform: Research on divorce can inform policy and law reform efforts, ensuring that laws and policies governing divorce are fair, equitable, and responsive to the needs of all parties involved.

Providing Insights for Social Work and Counseling: Understanding divorce practices in Cameroon can provide valuable insights for social workers and counselors, enabling them to better support individuals and families navigating divorce.

This study will employ an inductive method, Exegetical method, and comparative methodology, involving a critical analysis of the Constitution of Cameroon, laws, policies, and court decisions related to divorce. The study will also involve a review of international human rights standards and best practices in divorce law, as well as interviews with stakeholders, including judges, lawyers, and women’s rights activists.

[1]   Statsky, William (1996). Statsky’s Family Law: The Essentials. Delmar Cengage Learning. pp. 85–86. ISBN 1-4018-4827-3.

[2]  “Report on Family Law (Scot Law Com No 135, 1992)”. Scitlawcom.gov.uk. See paragraph 8.23.”In English law a decree of nullity in respect of a voidable marriage now has prospective effect only. It operates “to annul the marriage only as respects any time after the decree has been made absolute, and the marriage shall, notwithstanding the decree, be treated as if it has existed up to that time.””

[4]  Amato, P. R. (2010). Research on divorce: Continuing trends and new developments. Journal of Marriage and Family, 72(3), 650–666. https://doi.org/10.1111/j.1

[5]  Amato, P. R. (2010). Research on divorce: Continuing trends and new developments. Journal of Marriage and Family, 72(3), 650–666. https://doi.org/10.1111/j.1741-3737.2010.00723.xAndersson, G. (2002).

[6]  Dissolution of unions in Europe : A comparative overview. Zeitschrift Für Bevölkerungswissenschaft, 27(0), 493–504.Becker, G. S. (1973). A Theory of Marriage: Part 1.

 The Journal of Political Economy, 81(4), 813–846.

[7] Amato, P. R. (2010). Research on divorce: Continuing trends and new developments. Journal of Marriage and Family, 72(3), 650–666. https://doi.org/10.1111/j.1741-

[8]  Women in Cameroon: A cross-sectional Demographic and Health SurveyMiranda NgumbusiTumanjong1

[9]  Stephen Ojiambo Wandera1, Betty Kwagala11 Department of Population Studies, School of Statistics and Planning, College of Business and Management Sciences, Makerere University, Kampala, Uganda

[10]  Corresponding author MNT: mtumanjong@gmail.com

[11] Theoretical Interest

[12]  Theoretical Interest

[13] Practical Interest: